ORDER

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 4 Sch. 6—Modern enterprise award

Australian Municipal, Administrative, Clerical and Services Union
(EM2013/76)

ABORIGINAL LEGAL RIGHTS MOVEMENT AWARD 2016
[MA000139]

Modernisation of enterprise instrument – Modern enterprise award made.

1. Further to the decision [2014] FWCFB 5432 issued by the Fair Work Commission on 18 September 2014, the following modern enterprise award is made:

Aboriginal Legal Rights Movement Award 2016.

2. The modern enterprise award is attached. Pursuant to clause 2 of the modern enterprise award it comes into effect on 16 May 2016.

3. The Aboriginal Legal Rights Movement Inc. (SA) Award, 1999 [AP766925] is terminated pursuant to item 9(2)(a) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

4. This order comes into effect on 5 May 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G>

Aboriginal Legal Rights Movement Award 2016

Table of Contents

Part 1— Application and Operation 3
1. Title 3
2. Commencement and transitional 3
3. Definitions and interpretation 3
4. Coverage 4
5. Access to the award and the National Employment Standards 4
6. The National Employment Standards and this award 4
7. Award flexibility 4
Part 2— Consultation and Dispute Resolution 6
8. Consultation 6
9. Dispute resolution 7
10. Redundancy disputes procedure 8
Part 3— Types of Employment and Termination of Employment 9
11. Types of employment 9
12. Termination of employment 9
13. Redundancy 10
Part 4— Minimum Wages and Related Matters 12
14. Classifications 12
15. Minimum wages 12
16. Allowances 13
17. Higher duties 16
18. Superannuation 16
Part 5— Hours of Work and Related Matters 18
19. Ordinary hours of work and rostering 18
20. Overtime and penalty rates 18
Part 6— Leave and Public Holidays 19
21. Annual leave 19
22. Personal/carer’s leave and compassionate leave 21
23. Bereavement/Compassionate leave 22
24. Parental leave 23
25. Community service leave 23
26. Public holidays 24
Schedule A —Classification criteria and definitions 26
Schedule B — Supported Wage System 34
Schedule C —National Training Wage 37
C1:Allocation of Traineeships to Wage Levels 44

Part 1—Application and Operation

1. Title

This award is the Aboriginal Legal Right Movement Award 2016.

2. Commencement and transitional

2.1 This award commences on 16 May 2016.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)
barrister’s apparel means the appropriate barristers wig, gown, alpaca jacket and bands or jabot
classification means the salary range applying to a particular position within the staff structure of the Aboriginal Legal Rights Movement Inc
Commission means the Fair Work Commission
Council means the governing body of the Aboriginal Legal Rights Movement Inc
country office means an office of the Aboriginal Legal Rights Movement Inc located beyond a 150 kilometre, via road, distance from the Adelaide GPO
dependant in relation to an employee means the spouse of the employee (as defined) and the child or parent of the employee or of the spouse of the employee who ordinarily resides with the employee and who is wholly or substantially maintained by the employee
employee means a person employed by the Aboriginal Legal Rights Movement Inc on a permanent or temporary basis
employer means the Aboriginal Legal Rights Movement Inc (Movement)
Field Officer means an employee who assists Aboriginal people in making them aware of their rights within the law, and attends courts when appointed by the Director, to assist Aboriginal people appearing in those courts and interviews clients regarding legal assistance
Legal Officer means a person admitted as a practitioner of the Supreme Court of South Australia and practicing as a solicitor or as a barrister and solicitor
Movement means the Aboriginal Legal Rights Movement Incorporated as an association
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
spouse includes another person (whether of the same or opposite sex) who:
● the employee is in a relationship with registered under a prescribed State or Territory law; or
● although not legally married to the employee, lives with the employee on a genuine domestic basis in a relationship as a couple
standard rate means the minimum wage for an Administrative Officer Level 2 in clause 15.1(a)

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4. Coverage

4.1 This enterprise award covers the Aboriginal Legal Rights Movement Inc and its employees in the classifications listed in clause Schedule A—Classification criteria and definitions to the exclusion of any other modern award.

4.2 The award does not cover employees excluded from award coverage by the Act.

4.3 The award does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award. The NES may be supplemented by this award.

7. Award flexibility

7.1 Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

(a) a consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established;

(b) for the purpose of the consultative process the employees may nominate the Union or another to represent them; and

(c) where agreement is reached an application shall be made to the Commission.

7.2 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of, are those concerning:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

7.3 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.4 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 7.2; and

(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.5 The agreement between the employer and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(b) state each term of this award that the employer and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and

(e) state the date the agreement commences to operate.

7.6 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.7 Except as provided in clause 7.5(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.8 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.9 The agreement may be terminated:

(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the employer and the individual employee.

NOTE: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Act).

7.10 The notice provisions in clause 7.9(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.9(a), subject to four weeks’ notice of termination.

7.11 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation

8.1 Consultation regarding major workplace change

(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.

(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

(b) Employers to discuss change

(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).

(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

8.2 Consultation about changes to rosters or hours of work

(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b) The employer must:

(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and

(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.

9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

10. Redundancy disputes procedure

10.1 Clauses 10.2 and 10.3 impose additional obligations on the employer where the employer contemplates termination of employment due to redundancy and a dispute arises (‘a redundancy dispute’).

10.2 Where a redundancy dispute arises the employer must, if it has not already done so, provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information including:

(a) the reasons for any proposed redundancy;

(b) the number and categories of workers likely to be affected; and

(c) the period over which any proposed redundancies are intended to be carried out.

10.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse effects of any proposed redundancies on the employees concerned.

Part 3—Types of Employment and Termination of Employment

11. Types of employment

11.1 Full-time

A full-time employee means a person engaged to work 38 ordinary hours per week.

11.2 Part-time

(a) The Movement may employ regular part-time employees in any classification.

(b) A regular part-time employee is an employee who:

(i) is engaged to work less than full-time hours; and

(ii) has predictable hours of work; and

(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same work.

(c) At the time of engagement the employer and the employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the starting and finishing times each day.

(d) Any agreed variation to the regular pattern of work will be recorded in writing.

11.3 Casual employment

(a) A casual employee is an employee engaged as such.

(b) A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed, plus 25%. This loading is instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.

(c) Casual employees must be paid at the termination of each engagement, or weekly or fortnightly in accordance with usual payment methods for full-time employees.

(d) Casual employees are entitled to a minimum payment of three hours’ work at the appropriate rate.

12. Termination of employment

12.1 Notice of termination is provided for in the NES and is supplemented by this clause.

12.2 Payment instead of the prescribed notice in the NES must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

12.3 The required amount of payment instead of notice must equal to or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

(a) the employee’s ordinary hours of work (even if not standard hours); and

(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

(c) any other amounts payable under the employee’s contract of employment.

12.4 The period of notice in this clause does not apply:

(a) in the case of dismissal for serious misconduct;

(b) to employees engaged for a specific period of time or for a specific task or tasks;

(c) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

(d) to casual employees.

12.5 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

12.6 Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

12.7 Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 13—Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.

13. Redundancy

13.1 Redundancy pay is provided for in the NES and is supplemented by this clause.

13.2 Definitions

business includes trade, process, business or occupation and includes part of any such business
redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee’s employment, except where this is due to the ordinary and customary turnover of labour
transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning
weeks’ pay means the ordinary time rate of pay for the employee concerned. Provided that such rate will exclude:
● overtime;
● penalty rates;
● disability allowances;
● shift allowances;
● special rates;
● fares and travelling time allowances;
● bonuses; and
● any other ancillary payments of a like nature.

13.3 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

13.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

13.5 Job search entitlement

(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c) This entitlement applies instead of clause 12.6.

13.6 Transmission of business

(a) The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

(i) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

(ii) Where the employee rejects an offer of employment with the transmittee:

● in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
● which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

(b) The Commission may vary clause 13.6(a)(ii) if it is satisfied that this provision would operate unfairly in a particular case.

13.7 Employees exempted

Employees exempted from this Redundancy clause are provided for in the NES.

13.8 Incapacity to pay

The Commission may vary the severance pay prescription for small employers on the basis of a small employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.

Part 4—Minimum Wages and Related Matters

14. Classifications

The employer will classify employees in accordance with the classification criteria as prescribed in Schedule A—Classification criteria and definitions.

15. Minimum wages

15.1 The rates of pay to be paid to employees will be in accordance with the rates as set out in following tables.

            (a) Administrative Officer

Level	$ per week
Level 1	680.70
Level 2	729.00
Level 3	795.90
Level 4	852.70
Level 5	919.40
Level 6	973.40
Level 7	1,110.40
Level 8	1,175.10

(b) Field Officer

Level	$ per week
Level 1	919.40
Level 2	973.40
Level 3	1,110.40

(c) Legal Officer

Level	$ per week
Level 1	919.40
Level 2	1,046.50
Level 3	1,200.30
Level 4	1,419.80
Level 5	1,639.30

(d) Executive Officer

Level	$ per week
Level 1	1,419.80

15.2 Supported Wage System

See Schedule B—Supported Wage System.

15.3 National Training Wage

See Schedule C—National Training Wage.

16. Allowances

16.1 Location allowance

Staff employed at Ceduna must receive a Location Allowance at the rate of $815.00 per annum (without dependents) or $1616.00 per annum (with dependents).

16.2 First aid allowance

An employee who has been trained to render first aid and who is the current holder of an appropriate first aid qualification will be paid an allowance, as follows:

(a) Certificate: HLTAID003 Provide First Aid is held—$7.30 per week.

(b) Certificate: HLTAID005 Provide First Aid in remote situations is held—$9.20 per week.

(c) Certificate: HLTSS00027 Occupational First Aid Skill Set is held—$11.20 per week.

16.3 Court attire allowance

(a) Where the Movement requires a Legal Officer who is engaged in court duties to wear barrister’s apparel the employer must reimburse the employee for the cost of purchasing the special clothing. The provisions of this clause do not apply where the special clothing is paid for by the employer. If the employer provides the Barrister’s apparel it will remain the property of the Movement.

(b) The Movement will reimburse the employee for the cost of laundering any special clothing. The provision of this award will not apply where the Movement launders the special clothing.

16.4 Loss or damage to clothing or personal effects

An employee will be reimbursed to the extent of the damage sustained where, in the course of work, an employee incurs loss or damage to clothing or personal effects.

16.5 Law Society membership allowance

The employer will pay a Legal Officer an annual allowance equal to the annual membership subscription of the Law Society of South Australia. The provisions of this clause do not apply where the employer provides one membership of the Law Society of South Australia at each office where a Legal Officer is employed.

16.6 Professional indemnity insurance allowance

An employee who is a Legal Officer and is required to have professional indemnity insurance pursuant to the provision of the Legal Practitioners Act 1981 (SA), as amended, will be reimbursed the full cost of the insurance by the employer.

16.7 Professional practicing certificate allowance

An employee who is a Legal Officer and is required to have a practicing certificate pursuant to the provisions of the Legal Practitioners Act 1981 (SA), as amended, will be reimbursed the full cost of the certificate by the employer.

16.8 Field Officer administration loading

Where a Field Officer in a regional office occupies a position having responsibilities for the direction and supervision of other staff as well as the administration of a regional office including limited financial delegations and other administrative functions an allowance of $2,516 per annum is payable on a pro rata basis.

16.9 Travelling, transport, fares and transfers

       (a) Employees who are required to travel outside Metropolitan Adelaide and the City of Adelaide on the employer’s business will be paid an allowance as set out below:

(i) $153.10 per day; or

(ii) for parts of a day:

Breakfast	Up to $15.80
Lunch	Up to $15.80
Dinner	Up to $32.80
Bed	Up to $82.80
Incidentals	Up to $5.90

(b) Where an employee whose usual place of work is in a country location is required to travel to Adelaide and to stay overnight within the City of Adelaide or Metropolitan Adelaide the rates in clause 16.9(a) will apply, except in respect of bed, where up to $95.60 will be paid.

NOTE: This clause applies to employees who are required to stay overnight within the area defined as Metropolitan Adelaide in the Development Plan established under the Planning Act 1982 (SA).

(c) Where an employee is required to travel from their usual workplace, on the employers business, but is not absent overnight the following allowances will be paid:

Breakfast	Up to $10.40
Dinner	Up to $15.20

(d) Where an employee is required to travel interstate for a whole day or part of a day the following allowance, or part thereof will be paid:

(i) $241.40 per day; or

(ii) for parts of a day:

Breakfast	Up to $20.80
Lunch	Up to $20.80
Dinner	Up to $38.50
Bed	Up to $150.70
Incidentals	Up to $10.60

An employee who is required to transfer from one locality to another is entitled to be reimbursed by the employer:

(a) the reasonable cost of conveyance of the employee and their dependants to the new locality; and

(b) the cost reasonably incurred by the employee of removal of furniture and household effects of the employee and dependants.

16.11 Adjustment of expense related allowances

(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take away and fast foods sub-group
Accommodation allowance	Domestic holiday, travel and accommodation sub-group
Location allowance	Domestic holiday, travel and accommodation sub-group

17. Higher duties

17.1 An employee directed by the employer to perform duties of a higher value outside or exceeding those of the employee’s appointed classification, whether or not the said duties of higher value coincide with those of another classification for which a higher scale is fixed by this award, will be paid while performing those duties not less than:

(a) The minimum rate for the higher paid classification if the employee substantially performs the duties thereof; or

(b) A rate of pay commensurate with the value of the duties the employee is directed to perform.

18. Superannuation

18.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

18.1 Employer contributions

The employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

18.2 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made.

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b) to one of the following superannuation funds or its successor:

(a) Statewide Superannuation Trust;

(b) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(c) a superannuation fund or scheme which the employee is a defined benefit member of.

18.4 Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b):

(a) Paid leave—while the employee is on any paid leave;

(b) Unpaid leave—When an employee is on leave without pay (whether continuous or not) for one or more complete days from the calendar month, then pro-rata deduction for the period of leave without pay must be made from the monthly contribution as set out in clause 18.2.

Part 5—Hours of Work and Related Matters

19. Ordinary hours of work and rostering

19.1 Ordinary hours

The ordinary working hours will be an average of 38 per week.

19.2 Maximum ordinary daily hours

Ordinary hours will not exceed 7.6 hours on any one day.

19.3 Spread of hours

Employees may be required to work ordinary hours between 7.00 am and 5.30 pm Monday to Friday inclusive.

19.4 Field Officers hours of duty and callout

(a) A Field Officer based in Metropolitan Adelaide may be required to work up to seven consecutive days callout duty in each period of 28 days.

(b) Within one consecutive seven day period of callout duty a Field Officer will be on restricted duty and subject to be called out to duty at any time during the hours of 5.00 pm to 9.00 am on Monday to Friday and at any time from 5.00 pm on Friday to 9.00 am on the following Monday.

(c) A Field Officer who has completed a period of seven consecutive days is entitled to a day of paid leave on the day which callout duty ceases.

(d) A Field Officer in a regional office may be required to work periods of callout duty as the Director determines, in addition to ordinary working hours.

(e) A Field Officer in a regional office who is required to work callout duty in addition to ordinary hours of work for more than fourteen days in each period of twenty-eight days is be entitled to an allowance of $2,500 per annum.

(f) Callout duty, in this clause, means a period of duty not at the normal place of work where the officer is required to remain contactable and available to perform extra duty if required.

20. Overtime and penalty rates

20.1 Definition

All time worked in excess of 38 hours per week or outside the normal spread of hours set out in clause 19.3 is overtime.

20.2 Payment for overtime

(a) Overtime on Monday to Saturday must be paid at the rate of time and a half for the first three hours and at double time thereafter.

(b) All employees receiving salary in excess of the maximum of the Administrative Officer Level 4 salary range are not entitled to paid overtime.

20.3 Requirements to work reasonable overtime

The employer may require an employee to work reasonable overtime at overtime rates and the employee must work overtime in accordance with the requirement.

20.4 Rest period after overtime

An employee working overtime must be allowed a paid tea break of not less than 20 minutes after each four hours of overtime, provided that overtime continues after this break.

20.5 Time off in lieu of overtime

Overtime may be compensated for by time off work instead of payment at the same rate as provided in this clause.

20.6 Sunday work

(a) Overtime on Sundays is at the rate of double time.

(b) An employee working overtime on a Sunday is allowed a paid tea break of not less than twenty minutes after each four hours of overtime, provided that overtime continues after this break

Part 6—Leave and Public Holidays

21. Annual leave

21.1 Annual leave is provided for in the NES and is supplemented by this clause.

21.2 Entitlement—Country officers

Employees of the Movement located in Ceduna are entitled to two days additional annual leave per annum.

21.3 Payment for annual leave

(a) Each employee before going on annual leave will be paid the salary they would have received in respect of the ordinary time which they would have worked had they not been on annual leave during the relevant period. The salary is to be paid by the employer prior to the employee proceeding on annual leave.

(b) Except as provided in clause 21.7, payment must not be made or accepted instead of annual leave.

21.4 Annual leave loading

In addition to the employee’s salary as prescribed in 21.3(a), an employee must be paid for that period of annual leave a further amount calculated at the rate of 17.5% of the amount referred to in 21.3(a) up to a maximum of 17.5% of average weekly earnings.

21.5 Annual leave to be taken

(a) Annual leave as provided by this clause must be allowed and must be taken.

(b) Annual leave credit which accrues to an employee in accordance with the provisions of this clause are, subject to this clause, available to that employee for a period of two years and three months.

(c) If, on the date of accrual in any year of an annual leave credit, an employee’s annual leave credit exceeds a credit representing two years of service, the employee must, during the period commencing on that date of accrual and ending three calendar months later, apply for a period of annual leave equal to at least that excess credit, and the Director must grant the application submitted by the employee at least to the extent that it covers that excess credit.

(d) In the event that an employee who, on the date of accrual in any year of an annual leave credit has a total credit exceeding a credit representing two years of service, should fail to make an application as required in clause 21.5(c), the Director must direct the employee to absent themselves from duty for a period equivalent to that excess credit, and the absence from duty so resulting must reduce the employee’s annual leave credit accordingly.

(e) If notwithstanding the provisions of clauses 21.5(c) and (d) above, an employee has, on the date falling three calendar months after the date of accrual of annual leave credit representing two years’ service, the employee is deemed to be on annual leave as of the first working day following that date and continuing for the period equivalent to the excess credit. The employee is entitled to be absent from duty at that time.

21.6 Calculation of continuous service for annual leave

(a) For the purpose of this clause, service is deemed to be continuous notwithstanding:

(i) any interruptions or termination of the employment by the Movement if the interruption or termination has been made merely with the intention of avoiding obligations in respect of leave of absence;

(ii) any absence from work on account of personal sickness or accident or on account of leave granted, imposed or agreed to by the Movement; or

(iii) any absence with reasonable cause, proof of which must be provided by the employee.

(b) Where an employee has applied for and been granted leave of absence by the Movement without payment for such leave, the period of the leave must not be taken into account when computing continuous service for the purpose of this award.

If, after one months’ continuous service in any qualifying 12 month period an employee lawfully leaves the employment or is terminated by the Movement through no fault of the employee, the employee must be paid 1/3 of their ordinary weekly rate of salary for each completed month of continuous service, being service in respect of which leave has not been granted.

22. Personal/carer’s leave and compassionate leave

22.1 Personal/carer’s leave is provided for in the NES and is supplemented by this clause.

22.2 The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees other than provided for in clause 22.9. The entitlements of casual employees are set out in clause 22.9.

22.3 Entitlement to personal leave

(a) An employee is entitled to 12 days paid personal leave per year of service.

(b) Paid personal leave accrues progressively and is cumulative.

(c) Paid personal leave will be available to an employee, when they are absent:

(i) due to personal illness or injury; or

(ii) for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires the employee’s care due to an unexpected emergency.

(d) The amount of paid personal leave for the purpose of caring for an immediate family or household member is to be deducted from:

(i) the bereavement/compassionate leave entitlement provided for in clause 23 until exhausted; and then

(ii) the amount of the employee’s personal leave credit.

22.4 Personal leave to care for an immediate family or household member

(a) An employee is entitled to use up to 10 days personal leave, including accrued leave, each year to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, subject to the conditions set out in this clause.

(b) By agreement between the employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 22.4(a) beyond the relevant limit set out in 22.4(a). In such circumstances, the employer and the employee will agree upon the additional amount that may be accessed.

22.5 Employee must give notice

(a) When taking leave for personal illness or injury, the employee must, as soon as practicable inform the employer of their inability to attend at work, and state the nature of the illness or incapacity and the anticipated period of their expected absence.

(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, the notice must include:

(i) the name of the person requiring care and support and their relationship to the employee;

(ii) the reasons for taking such leave; and

(iii) the estimated length of absence.

22.6 Evidence supporting claim

(a) When taking leave for personal illness or injury, the employee must prove to the satisfaction of the employer that they were unable to attend for duty on account of illness on the days for which sick leave is claimed. After two working days of sick leave the employer is entitled to request a medical certificate as proof of illness.

(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, stating the illness of the person concerned and that the illness requires care by another.

(c) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that the emergency resulted in the person concerned requiring care by the employee.

22.7 Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee will agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of clauses 22.5 and 22.6 are met.

22.8 The effect of workers’ compensation

An employee is not entitled to paid personal leave for any period covered by workers’ compensation or sickness benefits.

22.9 Personal/carer’s leave for casual employees

(a) Casual employees are entitled to be not available for work or to leave work to care for a person who is sick and requires care and support or who requires care due to an emergency.

(b) Leave under clause 22.9 is unpaid. A maximum of 48 hours absence is allowed by right with additional absence by agreement.

23. Bereavement/Compassionate leave

23.1 Compassionate leave is provided for in the NES and is supplemented by this clause.

23.2 An employee is entitled to a maximum of five days paid leave per year for bereavement purposes on production of a satisfactory evidence of death of the employee’s spouse, parent, step parent, brother, sister, child, step-child, grandparent or parent in law or any other member of the employee’s extended family recognised by the employer.

23.3 By arrangement with the employer, that leave may be extended as unpaid leave.

24. Parental leave

24.1 Unpaid parental leave is provided in the NES and is supplemented by this clause. The employer and employee may also agree on terms that supplement or are in addition to the NES.

24.2 Right to request

(a) An employee entitled to parental leave pursuant to clause 24.1 may request the employer to allow the employee to:

(i) extend the period of simultaneous unpaid parental leave provided for in clause 24.1 up to a maximum of eight weeks;

(ii) extend the period of unpaid parental leave provided for in clause 24.1 by a further continuous period of leave not exceeding 12 months;

(iii) return from a period of parental leave on a part-time basis until the child reaches school age, to assist the employee in reconciling work and parental responsibilities.

(b) The employer will consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. These grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on client services.

24.3 Employees request and the employer’s decision to be in writing

The employee’s request and the employer’s decision made under clauses 24.2(a) and (b) must be recorded in writing.

24.4 Request to return to work part-time

Where an employee wishes to make a request under clause 24.2(a)(iii), the request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

25. Community service leave

Community service leave is provided for in the NES.

26. Public holidays

26.1 Prescribed public holidays

An employee is entitled to holidays on the following days:

(a) New Year’s Day, Good Friday, Easter Saturday, Christmas Day, Easter Monday, Proclamation/Boxing Day;

(b) Australia Day, Anzac Day, Queen’s Birthday, and Labour Day as prescribed; and

(c) Adelaide Cup Day.

26.2 Substitution Arrangements

(a) When Christmas Day is a Saturday or a Sunday, a holiday instead must be observed on 27th December.

(b) When Proclamation Day is a Saturday or Sunday, a holiday instead must be observed on 28th December.

(c) When New Years’ Day or Australia Day is a Saturday or Sunday, a holiday instead must be observed on the next Monday.

26.3 Additional public holidays

An employee is entitled to the following additional public holidays:

(a) National Aborigines and Islanders Day as declared by the National Aborigines and Islanders Day Observance Committee.

26.4 Facilitative provisions

(a) The Movement, with the agreement of employees or where represented, their unions and/or their employee representatives, may substitute another day for any day prescribed in this clause.

(b) The Movement and the employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement.

(c) An agreement pursuant to clause 26.4(b) must be recorded in writing and be available to every affected employee.

(d) Unions who are entitled to represent employees covered by this award must be informed of an agreement pursuant to 26.4(b) and may within seven days refuse to accept it. The unions will not unreasonably refuse to accept the agreement.

26.5 Public holidays—penalty rates

Overtime worked on a public holiday must be at the rate of double time.

26.6 Time off instead of overtime

Overtime may be compensated for by time off work in lieu of payment at the same rate as provided in this clause.

26.7 Public holidays crib time

An employee working overtime on a public holiday is allowed a paid crib break of not less than 20 minutes after each four hours of overtime, provided that overtime continues after this break.

26.8 Absence before or after work on a public holiday

Where in accordance with the provisions of this clause substitution holidays are provided the Saturday or Sunday for which substitution is made must be deemed not to be a holiday provided that payment in respect of duty performed on 25 December falling on a Saturday or Sunday must be as prescribed in clause 20—Overtime and penalty rates.

Schedule A—Classification criteria and definitions

A.1 Administration Officer Level 1

A.1.1 This is the base level of the classification structure. There are no prescribed educational qualifications required.
A.1.2 Positions at this level work under close direction and initially require the application of basic skills and routines such as:

• providing receptionist services;
• straight forward operation of keyboard equipment;
• filing;
• photocopying;
• collating;
• collecting and distributing;
• rounds and mail procedures;
• carrying out routine checks by simple comparisons;
• simple coding;
• maintaining basic records;
• obtaining or providing information about straight forward matters; and
• routine user maintenance of office equipment.

A.1.3 The work may involve a combination of the activities outlined above including keyboard, clerical and other duties.
A.1.4 Initially work is performed under close direction using established routines, methods and procedures and there is little scope for deviating from these. Tasks should be mixed to provide a range of work experience; some may be of a routine operational nature. Problems can usually be solved by reference to straight forward methods, procedures and instructions. Assistance is available if required when problems arise.
A.1.5 Staff undertaking work at this level would normally become competent in individual tasks after a limited period of training or experience.
A.1.6 The work performed may be routine in nature but some knowledge and application of specific procedures, instructions, regulations or other requirements relating to general administration (e.g. personnel or finance operations) and to specific programs or activities may be required.
A.1.7 Staff at this level may assist more senior officers in the tasks being undertaken by them. Work may include drafting of basic material for inclusion in reports and submissions, issuing form or routine letters and checking applications for benefits or grants.
A.1.8 Positions at Level 1 have no supervisory responsibilities, although more experienced staff may assist new staff and provide guidance and advice.

A.2 Administration Officer Level 2

A.2.1 This level encompasses a range of work which requires routine experience or the application of skills derived from work of a similar nature and a general knowledge of the work to be performed. This is the first level which may include a supervisory role. Staff may be required to follow and interpret rules, regulations, guidelines, instructions and procedures, and be capable of undertaking a range of duties requiring judgement, liaison and communication within the Movement and with other interested parties.
A.2.2 Positions at this level usually work under general direction and the work is subject to regular checks. Detailed instruction is not necessary and there is scope for staff to exercise initiative in applying established work practices and procedures.
A.2.3 The solution of problems may require the exercise of limited judgement, though guidance would be available in procedures, guidelines, regulations and instructions. The understanding of the information should allow decisions or policies relating to specific circumstances to be explained. Liaison within the Movement or with other interested parties may be necessary.
A.2.4 This is the first level at which formal delegations may be found within the operations of the work area (e.g. approval of leave, examination of accounts).
A.2.5 Secretarial/administrative support positions may be included in this level where this is warranted having regard to:

(a) the range and knowledge and skills required;
(b) the degree of independence and responsibility assumed in undertaking tasks; and
(c) the degree of direction given by the supervisor.

A.2.6 Positions where there is a frequently recurring need to take and transcribe verbatim the proceedings of conferences, deputations or enquiries are included in this level.

A.3 Administration Officer Level 3

A.3.1 Positions at this level usually work under general direction and require relevant experience combined with a broad knowledge of the Movement’s functions and activities and a sound knowledge of the major activity performed within the work area. Positions with supervisory responsibilities may undertake some complex operational work and may assist with, or review work undertaken by subordinates or team members.
A.3.2 Positions with supervisory responsibilities may include a degree of planning and co-ordination and tasks such as monitoring staff attendance and work flow.
A.3.3 Problems faced may be complex yet broadly similar to past problems. Solutions generally can be found in documented precedents, or in rules, regulations, guidelines, procedures and instructions though these may require some interpretation and application of judgement. There is scope for the exercise of initiative in application of established work practices and procedures.
A.3.4 Positions in this level may exercise delegations. Decisions made may have an impact on the Movement (e.g. on financial resources) but are normally of limited procedural or administrative importance.

A.4 Administration Officer Level 4

A.4.1 Positions in this grade usually work under general direction within clear guidelines and established work practices and priorities, in functions which require the application of knowledge, skills and techniques appropriate to the work area. Work at this level requires a sound knowledge of program, activity, policy or service aspects of the work performed within a functional element, or a number of work areas. This is the first level where technical or professional qualifications may be required or desirable.
A.4.2 Work is usually performed under general direction and may cover a range of tasks associated with program activity or administrative support to more senior officers. Tasks may include providing administrative support to staff within technical or professional structures. This may include the collection and analysis of data and information and the preparation of reports, publications, papers and submissions including findings and recommendations.
A.4.3 Positions at this level may have supervisory responsibilities over staff operating a wide range of equipment or undertaking a variety of tasks in the area of responsibility.

A.5 Administration Officer Level 5

A.5.1 Positions at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the goals of the Movement.
A.5.2 Positions at this level may, under general direction of work priorities, undertake the preparation of preliminary papers, draft complex correspondence for senior officers, undertake tasks of a specialist or detailed nature, assist in the preparation of procedural guidelines, provide information or interpretation to other interested parties, exercise specific process responsibilities, and oversee and co-ordinate the work of subordinate staff. Positions at this level are found in a variety of environments and may undertake the management functions of a small local office or regional office structure.
A.5.3 Work may involve specialist subject matter of a professional or technical, project, procedural or processing nature, or a combination of these functions.

A.6 Administration Officer Level 6

A.6.1 Positions at this level may manage the operations of an organisational element usually under limited direction. Positions at this level undertake various functions, under a wide range of conditions to achieve a result in line with the goals of the Movement. Management of a program or activity may be a feature of the work undertaken at this level. Immediate subordinate positions may include staff in technical or professional structures, in which case supervision may involve the exercising of technical or professional skills or judgement.
A.6.2 Positions at this level are found in a variety of operating environments and structural arrangements. The primary function may be:

• managing the operations of a discrete organisational element usually under limited direction;
• supervising the operations of an organisational element which is part of a larger office within a regional/state office environment;
• under limited direction in relation to priorities and work practices provide administrative support to a particular program or activity; or
• providing subject matter expertise or policy advice, including technical or professional advice, across a range of programs or activities undertaken by the Movement.

A.6.3 Positions at this level would be expected to set and achieve priorities, monitor work flow and/or manage staffing resources to meet objectives.

A.7 Administration Officer Level 7

A.7.1 Positions at this level, under limited direction, usually manage the operations of an organisational element, or undertake a management function, or provide administrative, technical or professional support to a particular program or activity, across a range of administrative or operational tasks to achieve a result in line with the goals of the Movement.
A.7.2 Positions at this level may undertake a management function involved in the administration of a program or activity within the Movement. This includes the provision of advice, including technical or professional advice or undertaking tasks related to the management or administration of a program or activity, service delivery, including project work, policy, technical or professional advising, preparation or co-ordination of research papers, submissions on policy, technical, professional or program issues or administrative matters. Liaison with other elements of the Movement, other government agencies, state and local authorities and community organisations can be a feature.
A.7.3 Positions at this level may represent the Movement at meetings, conferences and seminars. In some circumstances the supervisor or subordinates may be, or include, staff in technical or professional structures, in which case supervision is for administrative purposes only. In all other circumstances, supervision may involve the exercise of technical or professional skill or judgement.

A.8 Administration Officer Level 8

A.8.1 Positions at this level usually control the Movement's functions or an organisational element, under the broad direction of a Senior Executive or comparable officer, involved in the administration or co-ordination of a specific program or activity within the Movement.
A.8.2 Work at this level includes:

• the development and/or the provision of policy, financial, specific subject matter, or administrative advice including technical or professional advice or undertaking high level project work, the preparation, implementation and review of policy instructions and administrative, technical or professional procedures for the guidance of functional elements of Council’s resolutions and directions;
• the processing of representations to the Council;
• the administration of communities;
• preparation of submissions and correspondence, liaison with government bodies and community organisations, including the provision of public information on programs, activities or projects;
• representing the Movement at meetings, conferences and seminars.

A.8.3 At this level positions may undertake a function across a range of administrative specialist or operational tasks. This may include either specific program or activity management, service delivery, provision of high level advice as a subject matter specialist including technical or professional advice, administration of technical or specialist projects, the goal of functional statement of the Movement. Immediate subordinate positions may include staff in technical or professional structures.
A.8.4 Positions at this level may have (depending on the role and function) significant independence of action within the constraints or guidelines laid down by council.

A.9 Field Officer Level 1

A.9.1 Positions at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the goals of the Movement.
A.9.2 Under general direction of Senior Field officer undertake attendance at police stations, office and elsewhere to provide basic advice to clients, assist with policy interviews, take initial instructions, liaise with prisoners and lawyers, assist in preparation of matters for court, monitor compliance by police and other General Orders and advise superiors of non-compliance, provide assistance and support at court, attend court to provide assistance to lawyers, appear on basic court attendance’s such as bail applications and remands.
A.9.3 Work may involve some requirement to undertake duty outside ordinary working hours, up to the level provided for in clause 19.4.

A.10 Field Officer Level 2

A.10.1 Positions at this level may from time to time manage the operations of other field officers usually under limited direction or in a small regional office. Positions at this level undertake more complex and difficult functions, under a wide range of conditions to achieve a result in line with the goals of the Movement. Management of one aspect of the Movement's field operations may be an element of the work undertaken at this level. Supervision may involve the exercising of technical or professional skills or judgement.
A.10.2 Positions at this level would be expected to set and achieve priorities, monitor work flow and/or manage staffing resources to meet objectives.
A.10.3 Positions at this level may require performance of some after hour’s duty up to the level provided for in clause 19.4.

A.11 Field Officer Level 3

A.11.1 As for Levels 1 and 2 but with additional responsibilities.
A.11.2 Under limited direction, usually manage the activities of other field officers on a day to day basis and under limited direction from the Director take responsibility for overall performance of the field operations section to achieve a result in line with the goals of the Movement.
A.11.3 Positions at this level may undertake a management function involved in the administration of the field operations, including ensuring adequate communication between staff concerning initial contacts with clients, maintaining standards of field staff and ensuring compliance with guidelines developed for field operations, overseeing and managing the use of vehicles by all staff, ensuring all staff to adhere to guidelines for the use of vehicles, collate data on attendances at policy stations and other locations. Liaison with other elements of the Movement, other government agencies, state and local authorities and community organisations are involved. Positions at this level would usually be considered part of the management structure of the Movement and would participate in management decision-making.
A.11.4 Positions at this level may represent the Movement at meetings, conferences and seminars. In some circumstances the supervisor or subordinates may be, or include, staff in technical or professional structures in which case supervision is for administrative purposes only. In all other circumstances, supervision may involve the exercise of technical or professional skill or judgement.

A.12 Legal Officer 1

A.12.1 Positions at this level require a demonstrated competency in:

Taking of instructions in all courts and tribunals and performing (for criminal matters) adjournments and remands, simple bail applications, simple guilty pleas on minor offences and in directions hearings under instructions of a senior lawyer in all jurisdictions; (for civil matters) simple appearances, chamber appearances and directions hearings under instruction of senior lawyer in all jurisdictions.
Taking instructions and taking statements from witnesses, assisting in preparation of statements of claim and pleadings generally, legal research and preparation of minor advices in civil, family and child protection and criminal law matters. Working well in a cross cultural environment and an ability to work well in a team environment.
It is necessary to hold a restricted or unrestricted SA Practising Certificate with no requirement as to number of years of post-admission experience.
A.13 Legal Officer 2

A.13.1 Positions at this level require a demonstrated competency in:

(a) Taking of instructions in all courts and tribunals and to include (for criminal matters) adjournments and remands, simple bail applications, simple guilty pleas on minor offences and directions hearings under instructions of a senior lawyer in all jurisdictions; (for civil matters) simple appearances, chamber appearances and directions hearings under instruction of a senior lawyer in all jurisdictions.
(b) Taking instructions and taking statements from witnesses, assisting in preparation of statements of claim and pleadings generally, legal research and preparation of minor advices, civil, family and child protection and criminal law matters. Working well in cross cultural environment and an ability to work well in a team environment.
(c) It is necessary to hold a restricted or unrestricted SA Practising Certificate with no requirement as to number of years of post-admission experience. Promotions to be at discretion of management and subject to approval and ratification by senior management.
A.14 Legal Officer 3

A.14.1 Positions at this level will only be available upon application to fill specified Legal Officer Level 3 vacancies.
A.14.2 Positions at this level require a demonstrated competency in:

(a) Taking of instructions on more complex matters, conduct of negotiations leading to resolution on complex pleas in Youth and Magistrates Courts and simple matters in District Courts. Conduct of summary criminal trials, conduct of simple Magistrates Court appeals, and negotiation to resolution and solicitor’s work in preparing for trial in complex civil & family, child protection matters. More complex Family law & child protection and civil appearances. Legal research and more complex advices and negotiations in civil, family & child protection and criminal law. Working well in cross cultural environment and an ability to work well in a team environment. Holding an unrestricted SA Practising Certificate with greater than 3 years of post-admission experience.
(b) Graduations in LO3 level are to be at the discretion of management and subject to approval and ratification by senior management.

LO3-1	Basic demonstrated competence in LO3 classification
LO3-2	Demonstrated skill and capacity above LO3-1 and a demonstrated sense of judgement and ability to work independently
LO3-3	Consistently high levels of demonstrated skill and experience within LO3-2 and a demonstrated sense of judgement and the ability to work independently

A.15 Legal Officer 4

A.15.1 To fill specific positions designated as requiring Legal Officer Level 4.
A.15.2 Positions at this level require a demonstrated competency in:

Taking instructions and appearing in complex Youth and Magistrates Court trials & pleas and complex District Court pleas. Conducting appeals from Youth and Magistrates Courts. Appearances in or briefing counsel in Court of Criminal Appeal and complex District and Supreme Court criminal trails. Conduct of negotiations leading to resolution on complex pleas in Youth, District and Supreme Courts. Negotiation to resolution or conducting trials in complex civil, family & child protection and criminal matters. Legal research and complex advices and negotiations in civil, family & child protection and criminal law. Conducting work on ALRM trust account. Working well in cross cultural environment and an ability to work well in a team environment. Holding an unrestricted SA Practising Certificate with greater than 5 years of post-admission experience.
A.16 Legal Officer 5

A.16.1 To fill positions designated as requiring Legal Officer Level 5.
A.16.2 Includes all competencies for LO4 position and demonstrated management competence in relation to criminal, civil, family and child protection sections or for large regional offices including cultural competence in managing a cross cultural team of lawyers, Field Officers, secretaries and para legals. Managing conduct of and maintenance of ALRM Trust Account. Holding an unrestricted SA Practising Certificate with greater than 5 years of post-admission experience.

A.17 Executive Officer
The Executive Officer is responsible for overall functions of the Movement. Ensure operations of all operational elements are in line with stated objectives and policies. Responsible for advising Council and recommending policy direction, final responsibility for proper financial administration, preparation of policy and procedural guidelines for staff, liaison with Government and other agencies, representing the Movement in public forums and in all other respects within constraints imposed by Council.

Schedule B— Supported Wage System

B.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
B.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate
B.3 Eligibility criteria

B.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
B.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

B.4 Supported wage rates

B.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

B.4.2 Provided that the minimum amount payable must be not less than $81 per week.
B.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.

B.5 Assessment of capacity

B.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
B.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.

B.6 Lodgement of SWS wage assessment agreement

B.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
B.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

B.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

B.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

B.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

B.10 Trial period

B.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
B.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
B.10.3 The minimum amount payable to the employee during the trial period must be no less than $81 per week.
B.10.4 Work trials should include induction or training as appropriate to the job being trialled.
B.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause B.5.

Schedule C—National Training Wage

C.1 Title

This is the National Training Wage Schedule.

C.2 Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c) not include any period during a calendar year in which a year of schooling is completed

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:

Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996

trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
C.3 Coverage

C.3.1 Subject to clauses C.3.2 to C.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.
C.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix C1 to this schedule.
C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
C.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.
C.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.
C.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.

C.4 Types of Traineeship

The following types of traineeship are available under this schedule:

C.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
C.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.

C.5 Minimum Wages

C.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C.1 are:

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	295.10	325.00	387.20
Plus 1 year out of school	325.00	387.20	450.60
Plus 2 years out of school	387.20	450.60	524.40
Plus 3 years out of school	450.60	524.40	600.40
Plus 4 years out of school	524.40	600.40
Plus 5 or more years out of school	600.40

(b) Wage Level B
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	Per week	per week
	$	$	$
School leaver	295.10	325.00	376.80
Plus 1 year out of school	325.00	376.80	433.40
Plus 2 years out of school	376.80	433.40	508.20
Plus 3 years out of school	433.40	508.20	579.70
Plus 4 years out of school	508.20	579.70
Plus 5 or more years out of school	579.70

(c) Wage Level C

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	295.10	325.00	376.80
Plus 1 year out of school	325.00	376.80	424.10
Plus 2 years out of school	376.80	424.10	473.80
Plus 3 years out of school	424.10	473.80	527.90
Plus 4 years out of school	473.80	527.90
Plus 5 or more years out of school	527.90

(d) AQF Certificate Level IV traineeships

(i) Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per week	per week
	$	$
Wage Level A	623.50	647.70
Wage Level B	601.60	624.70
Wage Level C	547.50	568.20

C.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.74
Plus 1 year out of school	10.70	12.74	14.83
Plus 2 years out of school	12.74	14.83	17.25
Plus 3 years out of school	14.83	17.25	19.74
Plus 4 years out of school	17.25	19.74
Plus 5 or more years out of school	19.74

(b) Wage Level B

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.40
Plus 1 year out of school	10.70	12.40	14.26
Plus 2 years out of school	12.40	14.26	16.73
Plus 3 years out of school	14.26	16.73	19.08
Plus 4 years out of school	16.73	19.08
Plus 5 or more years out of school	19.08

(c) Wage Level C

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.40
Plus 1 year out of school	10.70	12.40	13.95
Plus 2 years out of school	12.40	13.95	15.58
Plus 3 years out of school	13.95	15.58	17.36
Plus 4 years out of school	15.58	17.36
Plus 5 or more years out of school	17.36

(d) School-based traineeships

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix C1 are as follows when the trainee works ordinary hours:

Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
9.71	10.70

(e) AQF Certificate Level IV traineeships

(i) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per hour	per hour
	$	$
Wage Level A	20.51	21.31
Wage Level B	19.77	20.54
Wage Level C	18.01	18.70

(f) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

C.5.3 Other minimum wage provisions

(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.

C.5.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
C.6 Employment conditions

C.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
C.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
C.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.

Note: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause C.5.2(f)(ii) and not by this clause.

C.6.4 Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
C1: Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

C1.1 Wage Level A

C1.2 Wage Level B

C1.3 Wage Level C